Tourism Law in Europe

III.2. Pre-contractual and contractual aspects The imbalance present between the contracting parties in a timesharing contract, both from an economic and legal perspective, justifies the set of rights and guarantees regulated in Directive 2008/122 / EC, and consequently in the respective national transpositions. Thus, Law 4/2012 establishes a specific system of protection regarding the advertising required in commercial communications and any other related to timesharing contracts. At the same time, it reinforces the requirements related to the right to information. Chapter II transposes the rules of the Directive on advertising and pre-contractual information with special reference to the consumer's right to withdrawal, as well as the prohibition of paying advances during the period of exercise of such right. Certain standardised forms are incorporated in the annex to the Law to facilitate pre-contractual information. Chapter III transposes the Directive on the form of the contract, which must be in writing on paper or another durable medium, specifying the language or languages of its writing, and the content of the contract to which the pre-contractual information is incorporated. It is determined that if the consumer is a resident of Spain or the entrepreneur carries out his activities here, the contract must also be drawn up in Spanish and, where appropriate, at the request of either party, it may also be drawn up in any of the other official Spanish languages. at the place of conclusion of the contract (art. 11, section 1). To these guarantees, the right of withdrawal is added for consumers who acquire a timesharing right, without the need for any justification. Thus, Chapter IV regulates the withdrawal as a right of a unique nature ad nutum , without expression of reasons. This happens both the employer had provided the pre-contractual information correctly, or if he had omitted it or had done so insufficiently. These are not two rights of a different nature, but a unique one; and only the computation of the terms of exercise of the right varies in both cases. This assumes the criterion of Directive 2008/122 / EC, which in its French and English versions uses the terms “ se retracter ” and “withdraw”, respectively. And it ends with the dualism of Directive 1994/47 / EC that used these terms for withdrawal ad nutum , when the employer provided the information correctly; using,